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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3106

  To require a joint domestic terrorism report, establish within the 
  Department of Homeland Security a National Center for the Study of 
    Domestic Terrorism, authorize research within the Department of 
  Homeland Security on current trends in domestic terrorism, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2019

    Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee, Mr. 
 Langevin, Mr. Richmond, Mr. Payne, Miss Rice of New York, Mr. Correa, 
  Ms. Underwood, Mr. Rose of New York, Ms. Slotkin, Mr. Cleaver, Mr. 
Green of Texas, Ms. Clarke of New York, Ms. Titus, Mrs. Watson Coleman, 
  Ms. Barragan, Mrs. Demings, Ms. Torres Small of New Mexico, and Mr. 
  Pascrell) introduced the following bill; which was referred to the 
Committee on Homeland Security, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To require a joint domestic terrorism report, establish within the 
  Department of Homeland Security a National Center for the Study of 
    Domestic Terrorism, authorize research within the Department of 
  Homeland Security on current trends in domestic terrorism, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Terrorism Documentation and 
Analysis of Threats in America Act'' or the ``Domestic Terrorism DATA 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security, the Committee on the Judiciary, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs, the Committee on the Judiciary, and the 
        Select Committee on Intelligence of the Senate.
            (2) Director.--The term ``Director'' means the Director of 
        the Federal Bureau of Investigation.
            (3) Domestic terrorism.--The term ``domestic terrorism'' 
        has the meaning given the term in section 2331 of title 18, 
        United States Code.
            (4) Hate crime.--The term ``hate crime'' means criminal 
        offenses committed in violation of sections 241, 245, 247, and 
        249 of title 18, United States Code, and section 3631 of title 
        42, United States Code.
            (5) Hispanic-serving institution.--The term ``Hispanic-
        serving institution'' has the meaning given such term in 
        section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1101a(a)).
            (6) Historically black colleges and universities.--The term 
        ``historically black colleges and universities'' means a part B 
        institution described in section 322(2) of the Higher Education 
        Act of 1965 (20 U.S.C. 1061(2)).
            (7) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (8) International terrorism.--The term ``international 
        terrorism'' has the meaning given such term in section 2331 of 
        title 18, United States Code.
            (9) Minority-serving institutions.--The term ``minority-
        serving institutions'' means an institution of higher education 
        described in section 371(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1067q(a)).
            (10) Online platform.--The term ``online platform'' means 
        any public-facing website, web application, or digital 
        application, including a mobile application, and includes a 
        social network, an ad network, a search engine, or an email 
        service.
            (11) Personally identifiable information.--The term 
        ``personally identifiable information'' means any information 
        about an individual elicited, collected, stored, or maintained 
        by an agency, including the following:
                    (A) Any information that can be used to distinguish 
                or trace the identity of an individual, such as a name, 
                a social security number, a date and place of birth, a 
                mother's maiden name, or biometric records.
                    (B) Any other information that is linked or 
                linkable to an individual, such as medical, 
                educational, financial, or employment information.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (13) Tribally controlled college or university.--The term 
        ``tribally controlled college or university'' has the meaning 
        given such term in section 2 of the Tribally Controlled 
        Colleges and Universities Assistance Act of 1978 (25 U.S.C. 
        1801).

          TITLE I--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM

SEC. 101. JOINT DOMESTIC TERRORISM REPORT.

    (a) Annual Report Required.--Not later than 180 days after the date 
of the enactment of this Act and annually thereafter for five years, 
the Secretary, the Attorney General, and the Director shall submit to 
the Comptroller General of the United States and the appropriate 
congressional committees a joint report on domestic terrorism.
    (b) Contents.--
            (1) In general.--Each report submitted under subsection (a) 
        shall include the following:
                    (A) All guidance, policy memos, and related 
                documents regarding the following:
                            (i) The criteria for opening a domestic 
                        terrorism investigation, including any 
                        standards of proof required before opening such 
                        investigation.
                            (ii) Sharing of domestic terrorism 
                        information across law enforcement agencies.
                            (iii) Federal requirements and compliance 
                        with privacy, civil rights, and civil liberties 
                        policies and protections, including protections 
                        against the public release of the names or 
                        personally identifiable information of 
                        individuals involved in incidents, 
                        investigations, indictments, prosecutions, or 
                        convictions for which data is reported under 
                        this section.
                    (B) A description of the methodology utilized to 
                identify domestic terrorism investigative 
                classifications (including any subcategories) and to 
                assign an investigative classification (including any 
                subcategory) to a domestic terrorism incident.
                    (C) The information required under paragraph (2).
            (2) Information on domestic terrorism.--Except as provided 
        in subparagraph (A), each report submitted under subsection (a) 
        shall include information on domestic terrorism incidents, 
        including, with respect to each investigative classification 
        (including any subcategory) of each such incident, the number 
        and type of actual and attempted property crimes, the number 
        and type of actual and attempted attacks on persons, the number 
        of people injured, and the number of people killed, and--
                    (A) in the first such report, data on incidents or 
                attempted incidents of domestic terrorism that have 
                occurred in the United States since April 19, 1995, 
                disaggregated by fiscal year, including, with respect 
                to each such incident, the number and type of property 
                crimes, the number and type of actual and attempted 
                attacks on persons, the number of people injured, and 
                number of people killed; and
                    (B) in each subsequent report for the preceding 
                fiscal year--
                            (i) data on incidents or attempted 
                        incidents of domestic terrorism that occurred 
                        in the United States, including, with respect 
                        to each such incident, the number and type of 
                        actual and attempted property crimes, the 
                        number and type of actual and attempted attacks 
                        on persons, the number of people injured, and 
                        the number of people killed; and
                            (ii) the number of--
                                    (I) assessments, preliminary 
                                investigations, and full investigations 
                                with a domestic terrorism nexus 
                                initiated by the Federal Bureau of 
                                Investigation, including the number of 
                                such investigations associated with 
                                each domestic terrorism investigative 
                                classification (including any 
                                subcategories), and the number of such 
                                investigations that were initiated as a 
                                result of a hate crime investigation;
                                    (II) indictments with a domestic 
                                terrorism nexus, including the number 
                                of such indictments associated with 
                                each domestic terrorism investigative 
                                classification (including any 
                                subcategories), and an explanation of 
                                each such indictment;
                                    (III) prosecutions with a domestic 
                                terrorism nexus, including the number 
                                of such prosecutions associated with 
                                each domestic terrorism investigative 
                                classification (including any 
                                subcategories), and an explanation of 
                                each such prosecution; and
                                    (IV) convictions with a domestic 
                                terrorism nexus, including the number 
                                of such convictions associated with 
                                each domestic terrorism investigative 
                                classification (including any 
                                subcategories), and an explanation of 
                                each such conviction; and
                            (iii) the number of full-time staff, 
                        including position descriptions, employed by 
                        the Department of Homeland Security and the 
                        Department of Justice to handle domestic 
                        terrorism-related matters described in 
                        subclauses (I) through (IV) of clause (ii).
    (c) Format.--The information required pursuant to subclauses (I) 
through (IV) of subsection (b)(2)(B)(ii) may be provided in a format 
that uses the marking associated with the Central Records System or any 
successor system.
    (d) Information Quality.--Each report submitted under subsection 
(a) shall comply with the guidelines issued by the Director of the 
Office of Management and Budget pursuant to section 515 of title V of 
the Consolidated Appropriations Act, 2001 (Public Law 106-554; 114 
Stat. 2763A-154) (commonly referred to as the ``Data Quality Act'').
    (e) Classification and Public Release.--Each report submitted under 
subsection (a) shall be--
            (1) unclassified with a classified annex only if necessary; 
        and
            (2) in the case of the unclassified portion of each such 
        report, posted on the public websites of the Department of 
        Homeland Security, the Department of Justice, and the Federal 
        Bureau of Investigation.

SEC. 102. ANNUAL COMPTROLLER GENERAL AUDIT OF JOINT REPORT ON DOMESTIC 
              TERRORISM.

    (a) Reviews Required.--Not later than 180 days after each 
submission of a joint report on domestic terrorism under section 101(a) 
and for five years thereafter, the Comptroller General of the United 
States shall submit to the appropriate congressional committees an 
audit of each such report.
    (b) Elements of Review.--In conducting each audit under subsection 
(a), the Comptroller General of the United States shall--
            (1) use standard methodology and reporting formats in order 
        to identify, demonstrate, and display any changes over time, 
        including relating to the number of investigations, 
        indictments, prosecutions, convictions, and full-time staff 
        between report submissions;
            (2) evaluate adherence to such standard methodology and the 
        privacy, civil rights, and civil liberties policies and 
        protections set forth in section 101(b)(1)(B)(iii);
            (3) evaluate all guidance, policy memos, and related 
        documents utilized to decide to initiate investigations with a 
        domestic terrorism nexus; and
            (4) include any other subject matter the Comptroller 
        General determines appropriate.
    (c) Access to Relevant Data.--The Attorney General, the Director, 
and the Secretary shall ensure that the Comptroller General of the 
United States has access to all data necessary to conduct each audit 
under subsection (a).

     TITLE II--HOMELAND SECURITY EFFORTS AGAINST DOMESTIC TERRORISM

SEC. 201. NATIONAL CENTER FOR THE STUDY OF DOMESTIC TERRORISM.

    (a) Inclusion of Criteria for Designation.--Subparagraph (B) of 
section 308(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
188(b)(2)) is amended--
            (1) in the matter preceding clause (i), by striking ``, but 
        are not limited to, demonstrated expertise in--'' and inserting 
        ``demonstrated expertise in any of the following:''; and
            (2) by adding at the end the following new clause:
                            ``(xv) Domestic terrorism.''.
    (b) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology of the Department of Homeland 
Security, shall establish in the Department a National Center for the 
Study of Domestic Terrorism to conduct research and education 
activities relating to the following:
            (1) Establishment of a public database of actual and 
        attempted acts of domestic terrorism that does not include non-
        public personally identifiable information.
            (2) Advanced research regarding current and emerging trends 
        in domestic terrorism.
    (c) Lead Institution; Consortium.--The Secretary, acting through 
the Under Secretary for Science and Technology of the Department of 
Homeland Security, shall select an institution of higher education to 
serve as the lead institution participating in the National Center for 
the Study of Domestic Terrorism established pursuant to subsection (a) 
and, such lead institution shall, at the direction of the Under 
Secretary, execute agreements with other institutions of higher 
education that the Under Secretary determines meet the criteria for 
selection to develop a consortium to assist in accomplishing the goals 
of the National Center for the Study of Domestic Terrorism established 
under subsection (b).
    (d) Representation.--In selecting an institution of higher 
education for participation in the consortium referred to in subsection 
(c), the Secretary shall ensure participation from a representative 
number of historically black colleges and universities, Hispanic-
serving institutions, and tribally controlled colleges and 
universities.
    (e) Privacy.--The non-public personally identifiable information of 
any individual involved in any activity with respect to which data is 
included in the database established under subsection (a) may not be 
released to the public.
    (f) Annual Reports.--The lead institution under subsection (c) 
shall submit to the Under Secretary for Science and Technology of the 
Department of Homeland Security an annual report setting forth the 
activities of the National Center for the Study of Domestic Terrorism 
for the prior year, including symposia, trainings, and publications, as 
well as the contributions of consortium partners with respect to each 
activity. The Under Secretary for Science and Technology shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate each such annual report, together with information on 
expenditures of funding for the National Center for the Study of 
Domestic Terrorism.

SEC. 202. RESEARCH ON DOMESTIC TERRORISM.

    (a) In General.--The Secretary, acting through the Under Secretary 
for Science and Technology of the Department of Homeland Security, 
shall research current and emerging trends in domestic terrorism.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act and annually thereafter, the Under Secretary for Science and 
Technology of the Department of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report on international terrorism with a nexus, including an 
ideological or other relationship, with a current trend in domestic 
terrorism in the United States. Each such report shall take into 
consideration acts that resulted in indictment, prosecution, or 
conviction, and any patterns among such terrorist acts.
    (c) Contents.--Each report submitted under subsection (b) shall 
include the following:
            (1) Information on international terrorism with 
        ideological, financial, logistical, or other connections to 
        domestic terrorism.
            (2) Information on trends in the use of online platforms 
        for such terrorism.
            (3) Strategies that foreign governments have undertaken to 
        counter such terrorism.
            (4) The potential benefits and risks of implementing such 
        strategies in the United States, including any potential harm 
        to local communities, privacy, civil rights, civil liberties, 
        and safety.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $20,000,000 for each of 
fiscal years 2020 through 2026 to carry out this Act, of which 
$1,000,000 is authorized to be appropriated for each of such fiscal 
years for the completion of the joint reports on domestic terrorism 
under section 101, $18,000,000 is authorized to be appropriated for 
each of such fiscal years for the National Center for the Study of 
Domestic Terrorism established in the Department of Homeland Security 
pursuant to section 201, and $1,000,000 is authorized to be 
appropriated for each of such fiscal years to carry out section 202.
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